To bring it to a local level, I have been personally concerned about the claim that "no one wants to take away your guns" every since my state senator, Russell Ruderman, used a slight variation on that phrase in communication with me regarding last session's proposed "required mental health evaluation" bill, SB2957. After I quote from the senator, I am including my entire lenthgy email which he responded to, just so people know the kind of answer I get when I ask detailed specific questions and ask for evidence from legislators that would provide any semblance of rationality to the laws they propose. Futile, totally futile. Had the exact same thing happen with the same senator when asking why he wanted the language "unusable, unserviceable" to be included in firearms registration requirements. Is there an iota of evidence that "public safety" has ever been harmed by someone having an "unusable, unserviceable" firearm? Not a peep.
From senator Ruderman:
"Gun control is a serious issue requiring careful consideration. I respect the rights of lawful gun owners, and I also support reasonable precautions.
I assure you no one is taking away your guns or your right to bear arms."
In response to me writing this:
Withdraw SB2957
Dear Senator Ruderman,
I find your sponsorship of SB2957 to be abhorrent. As a citizen of the United States of America who actually believes the words and intent of the Founders who wrote the Constitution and the Bill of Rights, your attempts with this bill to subvert liberty and freedom as envisioned by the Founders is irresponsible and even treasonous. You do not serve either your constituents nor American citizens in general by sponsoring such legislation. I urge you to reconsider and withdraw SB2957.
If you decline to renounce and withdraw SB2957 I ask you to provide any and all evidence and/or arguments, in a public forum, and/or communicate directly to me, that would support the efficacy of such a law regarding crime rates.
Here are my brief comments (I don't have time at the moment to go into details) about some problems with SB2957:
SB2957 is onerous, capricious and absurd. Not that there is anything wrong with that, or even surprising, given the irrational hoplophobia of a significant number of Hawaii legislators. Just provide one scintilla of peer-reviewed evidence that stands up to critical scrutiny that would substantiate that this legislation would have any effect at all upon crime rates.
SB2957 requires written verification from primary care physician "who has examined the applicant no more than ninety days prior to submission of the application" that applicant is not a danger to self or others. So if one were to buy 4 firearms per year, on a quarterly basis, one would have to make 4 (four) separate appointments with your doctor each year to get your written notes so the Hawaii governmental authorities will allow you to exercise a fundamental individual God-given natural right protected by the Second Amendment of the United Stated Constitution. That makes sense. If there is really something magical about mental health and guns and 90 days, then shouldn't, to be logically consistent, everyone owning a gun have to undergo such a "psychological fitness" examination every 90 days whether they purchase any new firearms or not? Or is there something magical about a "new" firearm that doesn't apply to an already possessed "old" firearm? What about people who drive cars? Or have prescription medicines in the medicine cabinets that could be used to overdose? What about people who have plant or insect poisons at home? What about people who have knives in their home? Waht about people who have hammers in their homes? The list of “dangerous weapons” is long. Why don't you just require a weekly evaluation by a Big-Brother-approved "physician" who will verify whether a citizen is fit for citizenship, or needs to be "re-educated"? If the criteria for your legislation is “danger to themselves or others”, why limit such required examinations to only those people who acquire one particular type of dangerous implement? Please explain the rationale behind that discrimination.
So if a person gets a "bad review" in their written note and they are not allowed to purchase a new weapon, shouldn't there be a provision in the bill that upon such a "bad review" that law enforcement is then required to immediately go and confiscate all their previously purchased and registered firearms? Or, if you were to actually be logically consistent, law enforcement would be required to go confiscate all their implements (cars, poisons, prescription meds, knives, hammers, rocks, etc.) with which said person could prove to be “a danger to themselves or others”? I thought so.
Let's look at the definitions:
"Danger to others" means a serious threat or attempt to injure another person with the use of a firearm or other dangerous or deadly weapon.
There is no agreed upon, nor effective nor reliable, diagnostic methodology by which such a conclusion can be reached. Not by a psychiatrist, much less a general practitioner. E.g. Adam Lanza: never deemed a threat to self or others despite continual involvement in the mental health system for over 15 years: killed 26 people (20 under the age of 7) in a few minutes. Of course there is also no evidence to substantiate all the diagnoses of people who were deemed a “danger to themselves or others” who never did anything dangerous to themselves or others. There seems to be some kind of magical thinking here, having lead to a belief that physicians are superhuman and can do things and/or have knowledge that no humans can really do or know. Please provide the scientific peer-reviewed evidence that such diagnoses (positive or negative) are accurate.
What if the plan to harm others involves use of hands, fists or feet? Are those "dangerous or deadly weapons"? (Assuming the person is not registered as a martial arts expert.) What if the examination subject's plan is to drown someone? They pass the test because they won't be using a "deadly weapon"? Please explain that one. Your proposed law seems to allow that some forms of “danger to self and others” are benign and not in need of notice. Please explain that.
"Danger to self" means a serious threat of, or attempted, suicide with the use of a firearm or other dangerous or deadly weapon.
So if you are going to jump off a cliff or jump off a bridge onto the freeway or take pills or swallow poison or run onto the highway in front of a car you're NOT a "danger to self"? Okay. Please explain that.
"Primary care physician" means a licensed physician who practices internal medicine, family practice, or pediatrics, and is designated by the patient as a primary care physician to the patient's insurance provider."
So if you don't have an insurance provider you don't have to undergo the psychological examination or get a written note? I notice there is no provision for a "physician assistant" (PA) nor for a "nurse practitioner" (NP) nor for anyone else who actually often does, more and more, the actual work in medical offices of interviewing, diagnosing and prescribing. Why not? If such persons are entrusted with making all other health diagnoses for clients, why not the psychological evaluation? It's almost as if this legislation "making work" for physicians. Please explain.
Withdraw SB2957, it is irrational, illogical, will have no bearing on crime, and there is no evidence to support it.
Thank you,
"punaperson"